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Home My WebLink About03810 ORD - 07/21/1954AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY TO EXECUTE A LEASE CONTRACT WITH J. D. SPARKS COVERING 420 SQUARE FEET OF LAND AT CLIFF MAUS MUNICIPAL AIRPORT AS MORE PARTICULARLY DESCRIBED HEREIN, FOR AND IN CONSIDERATION OF RENT IN AN AMOUNT EQUAL TO 3% OF THE GROSS RECEIPT INCOME RECEIVED DURING THE PRECEDING MONTH, BEING PAYABLE NOT LATER THAN THE 5TH DAY OF EACH AND EVERY MONTH; SAID LEASE TO BE FOR A PERIOD OF 2 YEARS BEGINNING AUGUST 1, 1954 AND ENDING JULY 31, 1956, IN CONNECTION WITH THE AIRLINE COMMISSARY SERVICE CONDUCTED IN THE CUISINE BUILDING LOCATED ON SAID PREMISES AND OWNED BY SAID J. D. SPARKS, UNDER THE TERMS AND CONDITIONS OF SAID LEASE, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART THEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be, and he is hereby authorized and directed for and on behalf of the City to execute a lease contract with J. D. Sparks covering 420 square feet of land at the Cliff Maus Municipal Airport as more particularly described herein, for and in consideration of rent in an amount equal to 3% of the gross receipt income received during the preceding month, being payable not later than the 5th day of each and every month; said lease being for a period of 2 years beginning August 1, 1954 and ending July 31, 1956, in connection with the Airline Commissary Service conducted in the Cuisine Building located on said premises and owned by said J. D. Sparks under the terms and conditions of said lease; a copy of which is attached hereto and made a part thereof. SECTION 2. That the public importance of providing afore- said facilities at the Municipal Airport and of deriving revenue for the upkeep of said field at all times creates a public emergency and an im- perative public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction and that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor, declaring such emer- gency and necessity to exist, having requested the suspension of said Charter rule and that this ordinance be passed finally on the date of its introduction AC:ELG 7/21/511 AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER THE DATE OF ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED THIS THE DAY OF JULYS 1954. 9T1'EST : CITY SECRETAi ±Y , APPROVED AS TO LEGAL FORM: CIT' At`f ORNEY G -2- V ` MAYOR CITY OF CO 4PUS R21 ST I , TEXAS THE STATE W TEXAS X CODUY W MECES X KNOW ALL MEN BY THEM PRESMS: This lease contract, m*de and entered into this _ day of July. 19154. between the City of Corpus Christi. Terri, a municipal corporation, hereinafter called Lessor. and J. 1). darks. a resident of Corpus Christi. Nueces County. Texas. hereinafter called lessee. WIT i SLR" ii a That Lesser by these presents does hereby lease and demise unto Lessee the fallowing described premises at Cliff Maus Field, Corpus Christi, Texas, to -wit: Being an irregular plat of ground located 10 feet Southwest of Braniff Airlines' Crew Chief's Office at the Municipal Airport. Carpus Christi. Texas, and more particularly described as follows: Beginning at a point in the Northwest property line of the Municipal Airport. sauce being the Southwest boundary of the Old browasviNe Coact. from whence the :southwest property corner of the Airport bears South 43 dog, 05 min. blest, a distance of 4646.13 feet; Thence south 46 deg. C:5 min. Last, a distance of 7:x.7 feet to the northwest corner of this lease and the beginning) of this survey; Thence South 46 deg. LL mix. East, a distance of 12 feet to a corner; Thence South 43 dog. CKi xis, hest, a distance of 0 feet for a corner; Thence South 46 deg. 'i mein. East, a distance of 17 feet for a corner; Thence North 46 deg. bS min. hest. a distance of 29 feet for a corner; Thence North 43 dog. 06 rain. East. a distance of lA foot to the place of beginning; Containing 42D square feet of land, upon the following conditions sad covenants, to -wits F1RSY: This building and fixtures thereon shall remain the property of the Lessee and shall be removed by the Lessee at his own expense upon termination of the lease agreement contained herein. Lessee. shall at his awn expense. provide adequate sewW facilities and other utilities necessary for use. SW.(Ms The teem of this lease aball be for a period Of Two Q) years. cemmensing August 1. 1964 and ending July 31. 1956. and as consideration therefor. Lessee agrees to pay to Lesser not later than the fifth (5th) day of mash and every month. rant in on amount to three pee seat (3-A) of the gross seaeipt income received daring the pre - ending month in connection with the six line commissary service conducted In the said cuisine building. THIN. Should. there. at any time. be say default in the pay- ment of any rent. at in any of the covenants herein contained. then it shall be lawful for the Lester to declare this less* contract cancelled and terminated and to se -enter said premises and remove all persons therefrom without pr*judies to any legal remedies shish any be used for the collection of rest. all and every claim for damages. for or by reason of said re -entry being hereby expressly waived. FCIChfTfas At the expiration of this lease. Lessee agrees to quit and surrender the sold premises in as good state aW condition as a reasonable use and wear thereof will permit. F1F1M Lessee is not to sublet the said promises. or any part thereof. without written permission from Lessor. 5M"t It is expressly agreed and understood by and between the parties hereto. that the Lesser shall have„ and by this contrast bet a valid first lies open any and all of the goads. furniture, chattels or property of any description belonging to the Lessee as a security for the payment of all rest due or to become der. and any and all exemption laws in £ores in this state by which said property might be held. are herby expressly waived. 561PENTHs it is expressly agreed sod srderatoed that the business conducted ea the heroin described promisee shall be that of operating as air line commissary service and Lessee agrees net to engage is say other type of business or industry on said leered promises; providod. however. that in the event any other person. firm or business operating under *oa- tract with the city shall eagle in competition with the Losses. them and express in that event. Lessee shall be privileged and is hereby givea/permissioa to operate and conduct a restaurant or safe os said Promises- -2- EXECUrED in dopligate original at Corpus Christi. Texas. this day of duly, 1954. ATTEST: City Secretary APPi OVER AS TO MAL FO : City Atteraey CITY W CORMS CHRISTI. Lessor By City massager -3- J. A. Sparks Cerpuo Christi, Texas , 1454a r TO THE MEMBFAS s; g Cosgws,Chins,ti, "'�°er3 ^� Gentlemen: Foxf a.hw aaa „pan stt. earth an tSpe eeena.y clause of the foregoing osdn ��'ar•e, a PoLIA necessity exist for the sufpensLo', �u -Ftr �� -u � e'S.e t� ��anr amen that no ordinance or resolutaan a "'Yt ae ,x'f 1 -, �� +;ae ate It, is intteduued, and that such oreain. � xe- rn1i��i a ivajl Le read at three meetings of the City j,ttt t that you susPend said Charter rule or rdi"ance finally on the date it is introduced, rig at -Sae �a:ms�aa m""Ig Of the City Council, Respectfully, cm GF COI PUS CHRISTI, TEXAS The Charter rule a"as su =pended by the following vote: F'o Co C�lJlaaa = °w 3ames S. N'aismith 61, James brace Fetersen, Jr Aga alcove otuYfa�aaaece �'�.z �?aw,aaesi !y tue following srote: �'� Co Caillawa�y !Mroy King Iawte So Naismith yko Ia<es Mace .i, Peterson, R M